Terms & Conditions

DEFINITIONS

1. In these terms, the words or phrases below are taken to mean the following:

a) You, your – the customer asking us to provide a delivery service, including any employee, agent or subcontractor acting on your behalf

b) We, our, us – Birmingham Same Day Ltd

c) Consignment – any item or items we carry for you from one address to another, including any packaging

d) Dangerous goods – anything you may ask us to deliver that could put other people at risk, including (but is not restricted to) explosives, radioactive material and items requiring specialist handling during transportation

e) Proof of delivery – a signature or company stamp acknowledging the consignment has been received

GENERAL POINTS

2. These are the terms under which we trade with you. They can’t be changed or varied unless one of our directors agrees in writing, and they override any terms or conditions you may try to impose on your suppliers.

3. We are not a common carrier, and reserve the right to:

a) Subcontract any part or parts of a delivery by employing the services of another person, firm or company

b) Refuse to accept any consignment or part consignment for delivery

c) Refuse to accept dangerous goods for delivery

4. When you ask us to make a standard or same day delivery, you will be deemed to have accepted these terms.

5. Our liability to you is limited and explained in detail below.

6. These terms are intended to be reasonable to both parties, and if any part of them should prove to be unenforceable or void at law, it will not affect the rest.

7. If for any reason either party chooses not to exercise any rights contained in these terms, it will be regarded as a waiver of those rights for the future.

8. English law governs this agreement between you and us, and any dispute will be dealt with in the English courts.

YOUR RIGHTS AND OBLIGATIONS

9. Before asking us to deliver a consignment, you must make sure that:

a) If you’re not the owner of the goods, you have the owner’s permission to ask us to make a delivery.

b) The goods are not dangerous, don’t present any health or safety risks and handling or possession of them isn’t a criminal offence or breaches any regulation.

c) Only individuals authorised by you can make bookings with us, and they’ll supply any reference or purchase order at the time of booking that you us to include on our invoices to process them. If you fail to give us this information, or it’s incorrect, you won’t be able to withhold payment at a later date.

d) The consignment is properly addressed and packaged. If we believe the packaging is insufficient, we may either refuse to deliver it or repack it to the required standard, for which there will be a reasonable charge.

e) You’ve made satisfactory insurance arrangements (either with us or a third party) for the items concerned.

10. If you’re in breach of any of these terms, you’ll be liable for any loss or expenses suffered by us as a result.

11. Unless we’re shown to be at fault, you’ll be liable for any claims or losses as a result of our delivering consignments for you.

12. If you make a claim for damage to your consignment, you must keep it and all its packaging in a safe place in case we, or our loss adjusters, need to inspect it.

13. You’ll pay our invoices in full in sterling, including VAT and without deduction, within 30 days of the invoice date. Any claims from HM Customs for duty on carried items must be paid on demand.

14. Any query you have on our invoice must be raised within 21 days of the invoice date. After that time, you’ll be deemed to have accepted our invoice as correct and must pay it as agreed in our terms.

15. If your consignment needs special equipment such as a forklift truck or manpower to be loaded or unloaded, you must make sure it’s available on both delivery and collection. If it’s not available, you’ll be liable for any resulting costs including waiting, storage and redelivery charges.

OUR RIGHTS AND OBLIGATIONS

16. We can use any method or route to deliver your consignment, including using subcontractors. Your rights aren’t affected where subcontractors are used, and no subcontractor is under any greater liability to you than we are. This agreement with you is on the basis that they’re entitled to the limits of liability outlined here.

17. We’ll use every reasonable endeavour to deliver your consignment within the requested time, but unless expressly agreed in writing we won’t be liable for any loss or expenses you suffer if it’s not delivered on time.

18. Any quotation or estimate given to you will be valid for 30 days unless stated otherwise. If you accept our quotation, delivery must take place within 30 days of the quotation date or revised charges may apply. We’ll only be bound by written quotations accepted by you, and your acceptance is deemed to have been given when you ask us to make the delivery. Verbal quotations or estimates are a guide only and are not binding.

19. We’re at liberty to change our charges or terms at any time, but if we do we’ll give you advance notice.

20. We may refuse to accept a consignment for delivery. If we believe these terms have been breached, we may also inspect a consignment (to check for dangerous goods, for example).

21. Where we need to acknowledge collection of your consignment, that signature can’t be regarded as evidence of the goods’ condition.

22. If we’re kept waiting or loading longer than 15 minutes at either the collection or delivery address, we may make a surcharge of £50 +VAT per hour for the vehicle in question.

23. We may weigh consignments, especially if you’ve not provided it, and amend our charges in line with the actual weight. If a consignment normally charged by weight exceeds 5 m3 in measurement per 1000kg, we may charge on a volume basis, calculated at a rate of 5 m3 per 1000kg.

23a. In the event that incorrect dimensions for items are provided, we reserve the right to adjust our fees and charges accordingly.

24. If we fail to deliver the consignment due to not having been provided with recipient contact details, or the recipient is not available:
a. We will endeavour to make contact with the party who made the booking for instruction through any appropriate channel.
b. If contact is unsuccessful after a reasonable time we reserve the right to return the consignment back to the delivery address. This will be a chargeable journey at our standard rate + any waiting time.

25. Where possible we’ll obtain proof of delivery, and that will be conclusive evidence that the consignment was delivered complete and in good order, unless indicated otherwise at the time of delivery. We will not be liable for any loss when delivery has been made in good faith to a person claiming to be the recipient, or an employee, subcontractor or agent of the recipient.

26. If you need proof of delivery, we’ll endeavour to provide it as long as your request is made within 14 days from the dispatch date. Requests made later than this are dealt with at our discretion. Settlement of our charges will not be conditional on you receiving proof of delivery, and you cannot delay or withhold payment pending their receipt.

27. We’ll retain original hard copy proof of delivery obtained by us and/owe obtain and any associated documentation for a minimum of six months from the date of collection. After that we may destroy these items without any reference or obligation to you.

28. We may incur additional expenses in delivering your consignments, including tolls, parking charges, rubbish disposal charges or similar. In such cases, these will be invoiced to you with our normal delivery charges, to be paid within our credit terms.

29. For any payments which are 7 days overdue, Birmingham Same Day Ltd reserve the right to take payment by other payment method’s we hold on file.

1. Cancel the job, applying a 100% cancellation fee, or
2. Proceed with transportation, subject to an additional excess weight/dimension charge.

BOOKING TERMS

Cancellation fee: For light haulage, In the event of a cancellation, after the drivers dispatch, the booking will be subject to a 100% cancellation fee. For HGV’S cancellation within 24 hours of collection time will be subject to 100% cancellation fee.

Late amendment fee: A late amendment fee will be applied if changes are made that affect the millage, journey time, loading or unloading time of the booking. These fees will only be applied if these changes are made after the driver has been dispatched.

Demurrage charges: In the event of a driver having to wait on site to load or unload goods, the booking will be subjected to waiting time charges. Rates may vary.

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